Jharkhand High Court
Jai Prakash Singh vs The State Of Jharkhand Through The ... on 23 April, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
2025:JHHC:11996
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (S) No. 1925 of 2025
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Jai Prakash Singh, age-69 years, s/o. late Deo Narayan Singh, r/o.
Rajiv Nagar Road No. 13, P.O. Shastri Nagar & P.S. Rajiv Nagar,
Dist. Patna (Bihar).
..........Petitioner
Versus
1. The State of Jharkhand through the Secretary, Commercial Taxes,
Government of Jharkhand, having its office at Project Bhawan,
P.O. & P.S. Dhurwa, Dist. Ranchi.
2. The Commissioner, Commercial Taxes, Government of Jharkhand,
having its office at Utpad Bhawan, Kanke Road, P.O. Ranchi
University & P.S. Gonda, Dist. Ranchi.
3. The Additional Commissioner, Commercial Taxes
(Administration), Dhanbad Division, P.O. & P.S. Dhanbad, Dist.
Dhanbad.
4. The Deputy Commissioner, Commercial Taxes, Urban Circle,
Jamshedpur, Dhanbad, P.O. & P.S. Dhanbad, Dist. Dhanbad.
.........Respondents
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Prem Pujari Roy, Advocate
For the Respondents : Mr. Awanish Shekhar, AC to AAG-I
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06/23.04.2025 Instant writ application has been preferred by the petitioner
with following prayers:
a. for a direction upon the respondents to immediately and forthwith
issue necessary notification granting confirmation of service of
the petitioner and consequently to make payment of 1st, 2nd and 3rd
ACP/MACP benefits especially taking into consideration the fact
that the petitioner has rendered a continuous service of approx.
36 years without availing a single promotion, till the date of his
superannuation dated 28.02.2015, as such, entitled under the law
to get the benefits payable under ACP/MACP.
b. for quashing the proceeding/ decision dated 11.02.2016
(Annexure-2) whereby the respondents have arrived to an illegal
and illogical conclusion that the services of the petitioner cannot
be confirmed in terms of Regularization Rules contained in memo
No. 1348 dated 13.02.2015; which is not at all sustainable in the
eyes of law, and also under the fact that the said decision dated
11.02.2016 had already stood quashed by this Hon'ble Court in
catena of decision including in the case of WPS No. 3025/2019
2025:JHHC:11996
(Ashok Kumar Vs. the State of Jharkhand & Ors.), WPS No. 2678
of 2017 (Nand Kishore Prasad Vs. the State of Jharkhand), WPS
No. 2937 of 2017 (Madan Mohan vs. the State of Jharkhand &
Ors.), WPS no. 1648 of 2017 (Rajendra Singh Vs. the State of
Jharkhand & Ors.), WPS No. 1242/2021 (Satendra Narayan
Tripathy & Ors.), WPS No. 3926 of 2021 (Rajan Ram), WPS No.
3181 of 2021 (Manoj Kumar Sinha), WPS No. 4102/2021 (Jai
Mangal Sharma), LPA No. 19/2024 (State of Jharkhand Vs.
Kishori Rajak), LPA No. 125/2023 (State of Jharkhand Vs.
Awadhesh Singh) and many more and accordingly, not to
discriminate the case of petitioner to that of several similarly
situated employees named hereinabove.
c. For direction upon the respondents that consequent upon
confirmation of service and grant of ACP/MACP benefit, the
respondents may further be directed to revise entire pensionery
benefits including fixation of current final pension and to make
payment of arrears of difference of salary and other post retiral
dues in terms of revised pay-scale consequent upon grant of
ACP/MACP benefits.
2. At the outset, learned counsel for the Petitioner submits that
the issue involved in this writ application is squarely covered by
series of judgments/orders and one of such order is passed in
W.P.(S). No. 2545 of 2024 (Nawal Kishor Singh Vs. the State of
Jharkhand & Ors.), disposed of on 02.01.2025, wherein a
direction was issued to the State of Jharkhand to take appropriate
steps to immediately confirm the services of the Petitioner and
grant him the benefit of ACP/MACP and revise the pension
accordingly.
3. Since learned counsel for the Respondents admits the
aforesaid position that the issue involved in this writ petition is
same and similar with that of W.P.(S). No. 2545 of 2024, the
instant writ application is also disposed of on the same and similar
findings and accordingly the 2nd Respondent is directed to take
appropriate steps to confirm the services of this Petitioner and
grant him the benefits of ACP/MACP and thereafter, revise the
pension accordingly.
2025:JHHC:11996
4. It goes without saying that the entire exercise shall be
completed within a period of 12 weeks from the date of receipt of a
copy of this order.
5. Accordingly, the instant writ application stands disposed of.
(Deepak Roshan, J.)
Kunal
